HomeMy WebLinkAboutResolution No. 95-C98RESOLUTION N0. 95—C98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA GRANTING A PORTION OF THE APPEAL AND
DENYING A PORTION OF THE APPEAL OF GREGORIO
AND VIRGINIA RIOS, OVERTURNING THE COSTS
ASSOCIATED WITH THE POLICE DEPARTMENT'S
RESPONSE TO ABATE THE PUBLIC NUISANCE AND
APPROVING Tim SUBCONTRACTOR'S FEES FOR
HANDLING AND DISPOSING TWi HAZARDOUS
MATERIALS AND WASTE FOR THE PROPERTY LOCATED
AT 406 N. ALAMEDA AVENUE UNDER SECTION 14,
ARTICLE XIV OF THE AZUSA MUNICIPAL CODE (CASE
NO 95-2000)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEARBY
RESOLVE AS FOLLOWS
SECTION 1 The City Council of the City of Azusa does hearby find,
determine and declare that -
A. On June 21, 1995, a �_LI i --iced hearing to confirm costs for
public nuisance abatement apt:,)ris ,vas n.-ld, pui ivant to the provisions set
forth in Chapter 14, Article XIV of the Azusa municipal Code, to
determine whether or not the itemized costs were appropriate and fair
The Hearing Officer confirmed the costs as presented by the Azusa Police
Department On or about June 21, 1995, the decision of the Hearing
Officer was signed and transmitted to Gregorio and Virginia Rios, the
property owners.
B On June 28, 1995, the owners of the property filed a timely appeal
from the June 21, 1995 decision of the Hearing Officer
C. On July 17, 1995, a duly rnticed public nuisance appeal hearing
was held before the City Council of *' e City of Azusa pursuant to the
provisions of Section 14-418 of the .^,zu"sa Municipal Code. Evidence was
received from the City through its Emergency Services Coordinator, John
J. Paine, and the public and property owners were given the opportunity to
present oral and written evidence. The Council considered this evidence
along with staff reports and other City documents relating to the property.
SECTION 2 Having considered all of the oral and written evidence
presented to it at the hearing held on July 17, 1995, the City Council of the City of
Azusa specifically finds that:
A The subject property consists of a residential dwelling which
includes a separate, but att-:•hed rear ` outbui!d: a," located at 406 N.
Alameda kvenue
B On March 26, 1995, the Azusa Police Officers responded to 406 N.
Alameda Avenue to investigate a "911" hang up that had been received
from that location.
C While at the property at 406 N Alameda Avenue the Azusa Police
Officers smelt a strong chemical odor emitting from inside the residence
and due to the welfare and safety of the occupants of the residence entered
the residence and performed a search of the interior of the residence.
0 •
SECTION 4. The City Clerk shall send a certified copy of this
resolution to Gregorio and Virginia Rios, at the address shown on the
Notice of Appeal filed by said parties. Such mailing shall constitute
notice to each party in accordance with Code of Civil Procedure, Section
1094.6, and Azusa Municipal Code Section 14-420, Article XIV, that any
action to review this decision of the City Council shall be commenced not
later than the 90th day following the adoption of this resolution.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF
AUGUST, 1995.
I"4'�-'JL'kkt'?O"P—
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Azusa, at a regular meeting
thereof, held on the 7th day of August, 1995 by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HARDISON, MADRID, BEEBE,
ALEXANDER
NONE
NARANJO